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    Quisumbing Manila Electric Company (Meralco)

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    Shai
    MERALCO inspectors discovered signs of tampering on the Quisumbing's electricity meter during a routine inspection. MERALCO informed the Quisumbings that their power would be disconnected if they did not pay a differential bill, but then reconnected power the same day without notice. The Quisumbings sued MERALCO for damages. The court ruled that [1] MERALCO did not follow the legal requisites to immediately disconnect power, as tampering must be witnessed by an ERB representative, and [2] the Quisumbings were entitled to damages as their due process rights were violated. Observance of people's rights is important, but actions to prevent illegal electricity use must still follow

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    Quisumbing Manila Electric Company (Meralco)

    Uploaded by

    Shai
    43 views2 pages
    MERALCO inspectors discovered signs of tampering on the Quisumbing's electricity meter during a routine inspection. MERALCO informed the Quisumbings that their power would be disconnected if they did not pay a differential bill, but then reconnected power the same day without notice. The Quisumbings sued MERALCO for damages. The court ruled that [1] MERALCO did not follow the legal requisites to immediately disconnect power, as tampering must be witnessed by an ERB representative, and [2] the Quisumbings were entitled to damages as their due process rights were violated. Observance of people's rights is important, but actions to prevent illegal electricity use must still follow

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    MERALCO inspectors discovered signs of tampering on the Quisumbing's electricity meter during a routine inspection. MERALCO informed the Quisumbings that their power would be disconnected if they did not pay a differential bill, but then reconnected power the same day without notice. The Quisumbings sued MERALCO for damages. The court ruled that [1] MERALCO did not follow the legal requisites to immediately disconnect power, as tampering must be witnessed by an ERB representative, and [2] the Quisumbings were entitled to damages as their due process rights were violated. Observance of people's rights is important, but actions to prevent illegal electricity use must still follow

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views2 pages

    Quisumbing Manila Electric Company (Meralco)

    Uploaded by

    Shai
    MERALCO inspectors discovered signs of tampering on the Quisumbing's electricity meter during a routine inspection. MERALCO informed the Quisumbings that their power would be disconnected if they did not pay a differential bill, but then reconnected power the same day without notice. The Quisumbings sued MERALCO for damages. The court ruled that [1] MERALCO did not follow the legal requisites to immediately disconnect power, as tampering must be witnessed by an ERB representative, and [2] the Quisumbings were entitled to damages as their due process rights were violated. Observance of people's rights is important, but actions to prevent illegal electricity use must still follow

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    of 2

    vi.

    Disconnection of Service

    G.R. No. 142943 April 3, 2002

    Spouses ANTONIO and LORNA QUISUMBING, petitioners,


    vs.
    MANILA ELECTRIC COMPANY (MERALCO), respondent.

    FACTS:

     MERALCO inspectors were assigned to conduct a routine-on-the-spot inspection of all single phase meters at
    Greenmeadows Avenue. House of Quisumbing one of those which were inspected, after asking permission to
    inspect and such permission was granted by Quisumbing’s Secretary. Secretary witnessed the inspection
     Inspectors discovered that the terminal seal of the meter was missing; the meter cover seal was deformed; the
    meter dials of the meter was mis-aligned and there were scratches on the meter base plate. They relayed the
    matter to secretary, who in turn relayed the same to Quisumbing, who was outraged of the result of the
    inspection and denied liability as to the tampering of the meter.
     Meter was detached for laboratory verification. FINDINGS: TAMPERED NGA. Informed that unless they pay the
    differential bill of ₱178,875.01, their electric supply will be disconnected.
     However, on the same day, thru walkie talkie, inspectors were advised to reconnect the electric supply.
    Inspectors duly complied with the instruction.
     Quisumbing filed complaint for damages alleging that MERALCO acted with wanton, capricious, malicious and
    malevolent manner in disconnecting their power supply which was done without due process, and without due
    regard for their rights, feelings, peace of mind, social and business reputation.

    ISSUES:

    (1) whether MERALCO observed the requisites of law when it disconnected the electrical supply

    (2) whether such disconnection entitled Quisumbing to damages

    RULING:

    1. NO. Can only immediately disconnect electricity supply when with PRIMA FACIE EVIDENCE OF ILLEGAL USE of
    electricity. RA 7832 (Anti Electricity Pilferage) requires “in order to constitute prima facie evidence, must be
    personally witnessed and attested to by an officer of the law or a duly authorized representative of the Energy
    Regulatory Board (ERB)”. In this case, NOT PERSONALLY WITNESSED BY ERB REPRESENTATIVE
    - NOTE: even if you base it on MERALCO’s contractual right to disconnect "in case of or to prevent fraud
    upon the Company", di parin pasok since this too has requisites before a disconnection may be made.
    An adjusted bill shall be prepared, and only upon failure to pay it may the company discontinue service,
    and 48-hour written notice is needed.
    2. YES. Article 2219 lists the instances when moral damages may be recovered and one such case is when the
    rights of individuals, including the right against deprivation of property without due process of law, are violated.

    MERALCO had no legal right to immediately disconnect electrical supply without observing the requisites of law
    which, in turn, are akin to due process. Petitioners could have been given the opportunity to controvert the
    initial finding of alleged meter tampering.

    Court cited Meralco v. CA


    “One cannot deny the vital role which a public utility such as MERALCO, having a monopoly of the supply of
    electrical power in Metro Manila and some nearby municipalities, plays in the life of people living in such
    areas. Electricity has become a necessity to most people in these areas, justifying the exercise by the State of
    its regulatory power over the business of supplying electrical service to the public, in which petitioner
    MERALCO is engaged. Thus, the state may regulate, as it has done through Section 97 of the Revised Order No.
    1 of the Public Service Commission, the conditions under which and the manner by which a public utility such
    as MERALCO may effect a disconnection of service to a delinquent customer. Among others, a prior written
    notice to the customer is required before disconnection of the service. Failure to give such prior notice
    amounts to a tort.”

    Observance of the rights of our people is sacred in our society. We cannot allow such rights to be trifled with or
    trivialized. Although the Court sympathizes with respondent's efforts to stamp out the illegal use of electricity,
    such action must be done only with strict observance of the rights of our people. As has been we succinctly said:
    "there is a right way to do the right thing at the right time for the right reason.

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